Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Bula Kafe entity named on the invoice (BulaKafe.com) that will be provided to you (“Customer”) on orders for products. By ordering products described from Bula Kafe., Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Bula Kafe, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Bula Kafe STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Bula Kafe’s sole discretion.
1. Other Documents
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Bula Kafe.
2. Governing Law
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms, Orders, Quotes & Interest
Terms of payment are within Bula Kafe’s sole discretion, and unless otherwise agreed to by Bula Kafe, payment must be received by Bula Kafe prior to Bula Kafe’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Bula Kafe. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Bula Kafe may invoice parts of an order separately. Orders are not binding upon Bula Kafe until accepted by Bula Kafe. Any quotations given by Bula Kafe will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer agrees to pay Non-sufficient check charges of $25 per check. Customer agrees to pay costs of collection, if any.
4. Shipping Charges & Taxes
Separate charges for shipping and handling will be shown on Bula Kafe’s invoice(s). Your order will be shipped within 48 hours, unless your order was made after Thursday 5pm EST. All other orders will be shipped the following Monday if placed after Thursday 5pm EST. All shipment deliveries are subject to delays faced by the United States Postal Service and will not be delivered on holidays observed by the United States Postal Service. Unless Customer provides Bula Kafe with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Bula Kafe’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on Bula Kafe’s net income. If applicable, a separate charge for taxes will be shown on Bula Kafe’s invoice.
5. Title & Risk of Loss
Title to products passes from Bula Kafe to Customer on shipment from Bula Kafe’s facility. Loss or damage that occurs during shipping by a carrier selected by Bula Kafe is Bula Kafe’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
6. Warranties & Disclaimers
Refund of price paid or replacement of product is your exclusive remedy. Bula Kafe SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Bula Kafe DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF.
7. In addition to these Terms and Conditions...
… customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
The information contained on this site is general in nature and is intended for use as an educational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of the products shown, nor is the information intended as medical advice or diagnosis for individual health problems or for making an evaluation as to the risks and benefits of using a particular product. Customer should carefully read all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
8. Return Policies
Bula Kafe products that are purchased directly from Bula Kafe are food prodcts and may not be returned unopened or likewise.
Bula Kafe’s policy is one of on-going product update and revision. Bula Kafe may revise and discontinue products at any time.
10. Limitation of Liability
Bula Kafe DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Bula Kafe WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Bula Kafe, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Bula Kafe”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Bula Kafe’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Bula Kafe. The arbitration shall be held in Pinellas County, Florida at the office of Bula Kafe by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
11. Applicable Law & Not For Resale
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own use only, and not for resale. Bula Kafe has separate terms and conditions governing resales.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
By ordering any product from Bula Kafe, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the Bula Kafe site.
14. International Orders
It is the responsibility of our customers to be sure that they are allowed to import nutritional supplements from the U.S. International customers must allow at 2 business days before shipment.
* It is the Customer’s responsibility to find out about your country’s customs regulations relating to the products you wish to import. The customer is responsible for your country’s customs fees, duties, and/or taxes, if any, which are usually collected when the order is delivered to you. Customer assumes the risk for any products confiscated or opened by customs. BulaKafe.com does not know your country’s current customs regulations and therefore does not refund purchase price for any product not returned to us in good condition. We do list customer experiences with customs and duties for your convenience, and any regulations which we are aware of. But this may change over time or vary by product and inspector.
* In the event an order is returned to BulaKafe.com by Customs, refund is limited to the purchase price of the unopened product returned, less return shipping fees equal to the outbound shipping fee and less any other charges incurred, such as quarantine fees or warehousing fees assessed by the customs in your country. Outbound shipping and handling charge for returned orders is not refundable.